New Hanover County Man in a Battle With His Homeowner's Association

NEW HANOVER COUNTY--Eddie Gilsinan is in a tight situation. he lives in Whitney Pines
sub-dividion and works for Phillips Towing Service, a company that assists emergency crews in removing cars from crisis situations. When he's on-call, he brings his truck home. According to Whitney Pines homeowner's associtation guidelines, he can't park it there.
"It angers me, it really upsets me," Gilsinan says, "I feel that I pay for my mortgage and I should be able to do what I want with my property"
The guidelines state that commercial vehicles are not allowed to park there. Gilsinan faces a one hundred dollar fine per day if the truck stays. In an effort to have the rule changed, he took his situation to the streets--asking neighbors to sign a petition to change the rules.
"Out of the 21 neighbors that I spoke with, 20 of them signed it." Gilsinan says.
Alan Sundy lives across the street and signed the petition.
"I don't have a problem with it at all it's not an eyesore." Sundy says.
Even so, the association denied his request. HOA guidelines state 90% of the neighborhood has to agree to amend a rule, just for the board to even consider changing it.
A representative of the Whitney Pine's HOA issued this statement.
"Remember that these associations have been set up to help the
communities achieve their goals.
Often these goals include safety, security, protection of assets and
improvement of property values. these are goals worth working for."
Gilsinan Says he doesn't plan to follow the guideline.
"I'm going to keep on bringing my truck home," Gilsinan says, "This is my
livelihood, this is the career path I chose to go through and I'm not
going to change it just because a board has denied my request."
Gilsinan wants to warn people to read the fine print before joining a homeowners association.

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I would be careful of saying that he doesn't care what the board says and that he's going to violate their rules anyway. They can levy the $100 per day fine. Then, if he doesn't pay it, they have the authority to put a lein on his home. If he ever tries to sell, refinance, or even take out a line-of credit on the home, this lein will be paid before he receives any money from the proceeds of the transaction. The HOA will get their money in the end.
He entered into a contract when he purchased his home agreeing to abide by the neighborhood's regulations. He should honor that agreement.

He simply bought into a Community that treasures the assests they all have worked hard for. Even if he did not live in an HOA there are local and state laws that we have to abide such as parking, lawn manintenance and so forth. So if it would not be the HOA it could be the city or county dictating his violation to him. HOA's always get a bad reputation as do the Management Company all each are trying to do is keep everyone's best insterest at hand. If you don't like being told when you are wrong then move to another location that does not have an HOA.

Submitted by Owner in a HOA (not verified) on Thu, 07/10/2008 - 1:22pm.

If you purchase a house in a HOA you are buying with the knowledge that there are restrictive covenants. In fact you are usually buying a house in a HOA because they exist! They promote good clean neighborhoods, high property values, standards of up keep and piece of mind.
I wouldn’t buy a house next to a house which had a wrecker or any other commercial vehicle parked in front. A lot of people wouldn’t. IE the property values are lowered because of this. Just the thought of being awaken in the middle of the night by diesel engines warming up because he has to go out on a call is enough to make me avoid that. Doesn’t matter how pretty the truck is.
But the point is people buy house in a HOA because they expect the restrictive covenants to be enforced. If they didn’t then they would have purchased a house that was much cheaper some where else. I purchased my home with the knowledge that I had to follow them and that my neighbors would have to and if they didn’t the HOA would get involved to protect everyone.
This guy, while I feel for him, he does have options. He doesn’t have to bring that truck home. He is bringing the truck home for HIS convenience.
What the other property owners do want and what they did by purchasing a home in a HOA is to have a neighborhood with set standards which are spelled out in the restrictive covenants. This guy has to follow them or should move if he doesn’t want to.

Yes, it is true that when you buy into a development that has restrictive covenants, you know what you are required to do. And, those covenants that protect property values can be very useful.
But, there a a number of developments in our area which change the restrictions frequently, after homeowners arrive. And, these are sometimes done without even a vote from the property owners-they are done by self-appointed committees which have their own interests in mind. It ends up being the same as taxation without representation.

I have yet to see anything like your suggesting. Could you provide some detail on where and which associations this is happening in? The restrictive covenants are legally binding documents you cant just change them at will.

don't know about that one...I just checked with 5 friends in different neighborhoods and they all say the same things basically..the Board ENFORCES RESTRICTIONS...but the homeowners can vote to change them...which is a majority vote of ONE-HUNDRED percent of the homes....

I wonder if Mr. Gilsinan does any repo work as part of his towing business? If so he is repossesing cars from people that aren't making their car payments. In other words, THEY DIDN'T FOLLOW THE RULES. THE DIDN'T LIVE UP TO THEIR CONTRACTUAL AGREEMENTS. I bet some of them even use their cars in their businesses. So, Mr. Gilsinan if you are really true to your cause, you should stop doing any repo work. Because these people are just trying to make a living just like you and choosing not to follow the rules just like you.
I also wonder if you are just doing this for advertising. Well I hate to tell you this, but it backfired. I would never use your towing company, because in my experience, people who snub their noses at one rule usually think they are above having to follow other rules, laws, promises, guarantees.......if you get my drift.

You got yourself into this mess by buying a house that is part of an HOA.
You're simply paying the price for your poor planning and judgment. If the rules say no commercial vehicles, those are the rules YOU agreed to. Live with it or plan to get 90% of the residents over to your side.
(I wouldn't care if I was offered a twelve room, four bath McMansion on the beach for $500k, if there's an HOA, I want no part of it.)

First, I would not live in a place where the HOA laws can't be adjusted by the people that it is ruling over. They tried that in England a few hundred years ago. Second, the last time I checked, we fought a pretty big war here in this country to free us from tyranny. We won.

First, the HOA rules can be changed. In the article, it states that 90% of the residents must consent to a rule change. Second, this isn't a tyrannical government imposing these regulations. This person bought a home in and signed a contract stating he knew about the HOA covenants and restrictions. If he didn't agree with them, he should have purchased a home elsewhere.

Do you even know what an HOA is? "An association of homeowners within a community formed to improve and maintain the quality of the community." They are normally formed by the original developer. EVERYONE who buys a house originally or in a resale situation is made aware of the HOA when they close on their house because their deed is restricted. How does "socialism" or "tyranny" have anything to do with an HOA. You CHOOSE to live in a neigborhood with an HOA or CHOOSE NOT to live in a neighborhood with an HOA. This homeowner had a choice, and my guess is he wanted a neighborhood where the majority of the people want to "improve and maintain the quality of their community". But now that he doesn't like one of the rules that were put in place to protect the entire community, he's gone to the media and he continues to BREAK THE RULES.

Submitted by Do the right thing (not verified) on Thu, 07/10/2008 - 11:23am.

It may be a perfectly nice truck, but what's to stop someone from bringing in a not so nice truck? I'm sure it's convenient for you not to have to drive your own vehicle, but large trucks are an eyesore to some people, and also add undo wear and tear to neighborhood roadways. Why do people contantly have to be "wronged", when they are the ones provoking confrontation. I'm certain the HOA officials don't want controvery, so why can't you live within the guidlines you bought into?

I drive by this gentlemen’s house everyday and it kills me to have to see such an eye sore parked in his driveway against the rules of the HOA. He knew the rules when the home was purchased and now wants to cry to everyone that he as to obey them. He has also run an auto repair business out of this home and painted cars in his driveway at 2am! There are more than enough storage companies close to Whitney Pines where he could park his tow truck and that would allow him to keep doing his job. Everyone in the subdivision should not have to have their property values lowered just because of this one inconsiderate person!
And going door to door? Really? I’d probably sign whatever he had just to getting him off my door step.
Eddie, wake up, grow up and realize you purchased a home in an HOA and there are rules for you to follow. Whitney Pines is NOT Landfall, if it were he would never even be allowed to drive into the subdivision.
Maybe the next step is to start to complain to his employer about the vehicle being parked in Whitney Pines against the rules of the HOA. Maybe we’ll get signatures of all the owners that will not use or recommend your business.
It’s just a shame that some people don’t take pride in their homes and care about their neighbors.
I know for a fact that the poor gentleman across of Eddie that has been trying to sell his house and has to keep lowering the price due to Eddie’s house. How about a story on him?

OMG Get over it! The man has to lower the price of his house because of Eddie's house?? What kind of an assinine statement is that. There has got to be ANOTHER reason why his house isn't selling, have you checked out the market lately???

I live across the street from Eddie and his wife. What you may not know is that just recently our HOA was turned over to the residents. About a month ago, we all received letters telling us about all these new rules that we now all have to follow. Some of the residents on our street have more than 2 cars. Most of our drive ways can only accommodate 2 cars and now were are not even allow to park on the side of the road. If I wanted to have a garage sell, I can't post a sign in my yard to let anyone know. We are even being told as to how we can decorate are yards at holidays. I fully support Eddie and his cause. One gentleman down the neighborhood works for an exterminator and he received a notice as well about his much smaller work truck.

These rules were in effect all along. The developer just chose not to enforce them. We bought in this neighborhood when it was brand new and were given a copy of the restrictive covenants before we made an offer on our house. We also had to sign a document stating we were aware of the restrictions. These aren't new rules, it's just that the board, now that it has control, wants to enforce them.

If you own more than two cars then widen your driveway! The HOA is not telling you how to decorate your yard on holidays. Did you even read the rules? The rule talking about the tow truck is not a new rule, it was in place when he bought his house...he, like you, didn't read the rules.

If you own more than two cars then widen your driveway! The HOA is not telling you how to decorate your yard on holidays. Did you even read the rules? The rule talking about the tow truck is not a new rule, it was in place when he bought his house...he, like you, didn't read the rules.

For those in agreement, that the truck is ok. It's not ok according to the bylaws of your association. And if other people are breaking the rules push your HOA to fine them too. And as a neighborhood, if you don't like the rules get rid of all of them!
The economy is bad, we're lucky to have jobs etc, etc, have been used here as justification to BREAK THE RULES ESTABLISHED WHEN MR GILSINAN SIGNED A LEGAL AND BINDING CONTRACT. So if you want to use this logic, is it ok for him to cheat on his taxes or steal because the economy is bad? Do any of you have kids? Is this what you teach your kids. It's ok to break your PROMISES. It's ok to break the LAW. It's ok to break the rules and bylaws of your association.

I live down from Eddie, I have no problem with his truck it is part of his life and how he works for a living. As if anyone on HOA worked in the profession that he does and they had to drive their truck home, they would. There are so many other issues that are not being addresses but that have to make a big deal out of just ONE. I can name at least 5 other violations on our street that have not been dealt with. I'm not going to address them it is how they make a living. PEOPLE NEED TO BE GLAD TO HAVE A ROOF OVER THEIR HEAD AND FOOD ON THE TABLE.NOT A STUPID TRUCK!!!!

AMEN to that, but as we all know, some people have absolutely NO life and NOTHING better to do than worry about what others are doing. I've found, too, that the POA or HOA board members sometimes bend the rules to suit themselves and others in certain situations, and I've seen it first hand in our lovely POA.

Know what...my 10 year old blames stuff on what other people do too....this issue ISN'T about what OTHERS are doing down the street...it's about THIS guy...if they are doing something against the restrictions...call a board member and complain to get it fixed. Otherwise...don't project.
Again...I feel for the guy..but he IS going to loose this one...THINK about it...look at Landfall and all of the people that live in there with money and lawyers...try to park a pickup in a driveway and see what happens...there is nothing they can do about it either...

The rollback that Mr. Gilsinan drives is in excellent condition, is kept clean and neat, and costs way more than most people's personal vehicles. His employer is an established Towing & Recovery service,not a fly-by-night junk hauling company. He has to take the truck home as part of his employment requirements and in this economy, we should all understand the importance of keeping your job. Could you afford to lose your job? I know that I couldn't.

It does not matter if he waxed his truck everyday. It's an eyesore, brings down property values and is against the rules of the HOA. He has been given several options of where to park his truck to which he has refused. Again HE DOES NOT HAVE TO LOSE HIS JOB!

On one hand I can't understand that Mr. Gilsinan is just trying to make a living, but rules are set in place for a reason. I have an HOA where I live and before I purchased the house & signed deed, those rules were presented to me. Sometimes I don't like all the rules that may come with an HOA, but what it does do is keep a neighborhood clean, keeps lawns cut, cars & trucks off the front lawn, etc...
I pay my mortgage as well and I don't like coming home after working hard all day following all the HOA rules, just to see someone else in the neighborhood thinks there above the rules.